Federal judge finds DACA invalid

In 2018, eight states led by Texas started a legal process against DACA (Deferred Action for Childhood Arrivals) through a lawsuit. These states asked a Houston judge to eradicate DACA from benefits offered to immigrant communities in the US because this program, in their opinion, affects the local economic behavior, is not legitimate and brings difficulties to certain territories.

To give a little more context, it is important to explain that DACA is a deportation relief program that currently protects more than 650,000 young immigrants who were brought to the US as minors without legal documentation, commonly known as Dreamers. Today, most Dreamers are young people between the ages of 17 and 30, who have become an essential part of the country’s socio-cultural fabric and workforce.

Returning to the lawsuit’s subject, after postponing the ruling on several occasions and allowing both plaintiffs and defendants to present more information and evidence for the case, the Texas judge recently ruled against DACA, stating that it does not meet the mandatory requirements to be a legitimate immigration benefit, especially because, in 2012, the Obama administration did not follow the regular protocol that must take place when implementing a new immigration program.

If you want to know more details about the judge’s ruling: Judge Rules Against DACA, a Deportation Relief Program

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Thousands of Dreamers affected by DACA ruling

According to the Texas judge’s verdict, effective immediately, the USCIS (US Citizenship and Immigration Services) is no longer allowed to approve new DACA applications. However, it is worth clarifying that the Texas judge emphasized that this decision does not mean that DACA recipients are currently in danger of deportation, but primarily involves new applicants.

At this point it is important to explain that this is not the only legal proceeding against DACA. In fact, during the Trump administration, this immigration program faced multiple challenges and was completely invalidated for a considerable period of time until, in December 2020, a judge ordered the reinstatement of DACA with its original guidelines, those initially implemented by the Obama administration.

As a result, hundreds of thousands of Dreamers submitted new DACA applications over the past seven months, but, due to delays within the USCIS, only a small percentage received DACA status prior to the Texas judge’s ruling.

Therefore, thousands of Dreamers, who have been patiently waiting for a response to their DACA applications amid the large backlog of immigration cases and long waiting times, are currently in limbo since the USCIS automatically rejected their initial DACA applications due to the judge’s decision.

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